New York Governor Andrew Cuomo signed into law yesterday a bill which will dramatically alter the way discrimination and harassment claims are treated in New York....more
8/13/2019
/ #MeToo ,
Confidentiality Agreements ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
New Legislation ,
NYSHRL ,
Regulatory Requirements ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
On July 25, 2019, New Jersey passed a salary history ban, following in the footsteps of more than a dozen other states and cities that have already passed legislation intended to combat gender-based pay inequity. ...more
7/31/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
New York Governor Andrew Cuomo signed two bills into law yesterday, amending Labor Law §194, to address the much-discussed "wage gap."
New York previously barred pay differences based on gender, but the law signed...more
7/12/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
New Jersey continues to rewrite the employment law landscape under Governor Phil Murphy. On March 18, 2019, the state amended the New Jersey Law Against Discrimination (NJLAD) in two significant ways....more
3/20/2019
/ Amended Legislation ,
Anti-Retaliation Provisions ,
Arbitration Agreements ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Non-Disclosure Agreement ,
Private Right of Action ,
Settlement Agreements ,
State and Local Government ,
Unenforceable Contract Terms ,
Waivers
The U.S. District Court for the District of Columbia, on March 4, 2019, vacated the Office of Management and Budget's (OMB) stay of the Equal Employment Opportunity Commission's (EEOC) revised EEO-1 reporting requirements and...more
3/6/2019
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
W-2
The Governor of New Jersey on February 19, 2019, signed legislation that greatly expands the protections and benefits of the New Jersey Family Leave Act and the New Jersey Temporary Disability Benefits Law. Employers should...more
Fulfilling a signature campaign pledge this week, New Jersey Governor Phil Murphy signed into law a multiyear increase in the state's minimum wage, from the current $8.85 per hour to $15 per hour in 2024. ...more
The National Labor Relations Board (NLRB) overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision, which had severely limited the definition of an independent contractor under the National Labor...more
The Occupational Safety and Health Administration (OSHA) has abandoned yet another Obama-era initiative. On January 24, 2019, it issued a new rule eliminating the controversial requirement that larger employers electronically...more
Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies for employees and, within a year (by October 9, 2019), all employers must implement mandatory...more
10/9/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Guidance Update ,
Harassment ,
Hostile Environment ,
Internal Reporting ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Tone At The Top
New York Governor Andrew Cuomo on August 23, 2018, released for public comment a series of electronic draft materials and guidance as a follow-up to the State's sexual harassment law passed in April 2018. The public comment...more
8/28/2018
/ #MeToo ,
Anti-Harassment Policies ,
Complaint Procedures ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws
The National Labor Relations Board (NLRB) General Counsel's office has issued guidance in the aftermath of the NLRB's groundbreaking decision in The Boeing Company, 365 NLRB 154 (Dec. 14, 2017). ...more
Governor Phil Murphy continues to remake the legal landscape in New Jersey. On April 24, 2018, he signed into law far-reaching pay-equity legislation that will take effect on July 1, 2018....more
4/25/2018
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Protected Class ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Second Circuit offered no valentines to employers on Wednesday when it affirmed a citation issued to Triumph Construction Corporation by the Occupational Safety and Health Administration (OSHA) for a repeat violation of...more
Sexual harassment has been headline news for many months now. It is almost impossible to go more than a few days without the headlines reporting another high-profile resignation or firing due to harassment allegations....more
1/22/2018
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Tone At The Top
Governor Phil Murphy—officially in office just two days—has already begun to implement many of the "progressive" policy changes he promised on the campaign trail and transform New Jersey into the "California of the East."...more
1/19/2018
/ Decriminalization of Marijuana ,
Executive Orders ,
Gender-Based Pay Discrimination ,
Governors ,
Legislative Agendas ,
LGBTQ ,
Local Governance ,
Marijuana ,
Minimum Wage ,
Minority-Owned Businesses ,
Paid Time Off (PTO) ,
Pay Gap ,
Salary/Wage History ,
Sick Leave ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Unions ,
Wage and Hour ,
Women-Owned Businesses
The National Labor Relations Board (NLRB) on Friday rolled back yet another Obama-era decision. The 2011 "micro-units" decision, Specialty Healthcare & Rehabilitation Center of Mobile (Specialty Healthcare), had expanded the...more
The National Labor Relations Board (NLRB) Office of the General Counsel (GC) has signaled in a sweeping memorandum that the agency, under the Trump administration, is likely to reconsider and reverse many of its...more
The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more
The Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on national origin discrimination, which serves as a timely reminder of the law and the EEOC's continued focus in this area in the wake of an...more
Last week, the Subway restaurant chain entered into a landmark partnership with the U.S. Department of Labor (DOL) aimed at improving Fair Labor Standards Act (FLSA) compliance among the chain's 27,000 franchisees. The DOL...more
8/9/2016
/ Back Wages ,
Browning-Ferris Industries of California Inc. ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Fast-Food Industry ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
Popular ,
Subway ,
Wage and Hour
The U.S. Occupational Safety and Health Administration (OSHA) has issued final regulations that permit the agency to post employer injury and illness data online, and also prohibit employers from discouraging workers'...more
The Occupational Safety and Health Administration (OSHA) has issued a new Whistleblower Investigations Manual that clarifies the new, relaxed standard to be used by its investigators in determining whether to pursue a...more
The U.S. Department of Labor (DOL) has issued guidance warning employers that ''joint employment'' has become more common in light of the growing variety of business models and labor arrangements in today's economy....more
A directive to establish nationwide policies and procedures aimed at speeding up the resolution of “whistleblower” complaints handled by the Occupational Safety and Health Administration (OSHA) was issued on August 19, 2015....more
8/25/2015
/ Affordable Care Act ,
Airlines ,
Anti-Retaliation Provisions ,
Arbitration ,
Dodd-Frank ,
FOIA ,
Maritime Transport ,
Nuclear Power ,
OSHA ,
Popular ,
Railways ,
Retaliation ,
Trucking Industry ,
Whistleblowers